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Ordinance 027• VILLAGE OF CHANHASSEN HENNEPIN AND CARVER COUNTIES, MINNESOTA ORDINANCE NO. 27 AN ORDINANCE REGULATING THE INSTALLATION OF UTILITIES AND UNDER- GROUND CONSTRUCTION. The Village Council of Chanhassen ordains: Section 1 . Permit Required for Excavating . Except as hereinafter pro- vided, no person, firm or corporation shall excavate, dig, tunnel or ditch in or under any street, alley, public ground or public easement for the purpose of installing any sewer, water, gas, steam, electric or telephone conduits, conductors , mains, or pipes, or for any other purpose, without first obtaining a permit from the Village Council and paying the fee and giving bond as herein required. a. The permit established by this ordinance shall not be required • of a bonded plumber who has secured a permit for the installation of water or sanitary sewer services or an individual sewage dis- posal system under the provisions of Ordinances No. 5, 6 or 10 of the Village; provided, however, that the construction and safety regulations of Section 10 of this ordinance shall apply to and regulate all such installations. Section 2. Form of Application: Regulations. Each application for per- mit shall be made in writing on an official Village form which shall set forth the regulations contained in Section 10 of this Ordinance. The applicant shall submit a drawing with his permit form, showing location of proposed under- ground construction and type of construction. If requested, the applicant shall appear before the Village Council to explain the proposed construction. Section 3. Permits to be Kept on Work Site. Each permit for an excava- tion shall be issued in writing by the Village Clerk and shall be kept on the site of the work while it is in progress, in the custody of the individual in charge of the work. The permit shall be exhibited to any Village official upon request. Section 4. Fees for Permits. Before a permit shall be issued, the appli- cant shall pay a fee of $10.00 to the Village Clerk for each location covered by the permit. Each 300 feet of excavation or portion thereof shall be deemed a separate location for which a separate permit shall be required. • Section S. Diligence in Performing Work. Work shall progress in an expeditious manner until completion in order to avoid unnecessary inconvenience • to the public. In the event the work shall not be performed in accordance with applicable regulations pertaining to excavations and utility connections, or the work shall cease or be abandoned without due cause, the Village may take such action as may be appropriate under the circumstances in the • interest of the public, and after 24 hours' notice to the permittee of intent to do so, may correct said work and fill the excavation or repair the street. The entire cost of the Village of such work shall be paid by the permittee, or assessed as a special assessment against the benefited property as provided by law. Section 6. Bond Required. Unless the applicant has in force the bond required of licensed plumbers, or unless otherwise waived by the Council, a surety bond in the amount of $2, 000.00 shall be required from each permit applicant, such bond to be conditioned that the principal shall perform the work in accordance with this Ordinance and all applicable regulations. Section 7. Obstruction of Work. No person, firm or corporation shall hinder or obstruct any construction being performed under a permit issued as herein provided. Section 8. Provisions Supplemental. The provisions of this Ordinance are supplemental to provisions of other Ordinances requiring utility connection permits. Section 9. Compliance with Regulations. All excavation and underground construction within the Village shall be performed in compliance with the Con- struction and Safety Regulations of Section 10 hereof. Section 10. Construction and Safety Regulations. a. Public Convenience and Safety. The contractor shall at all times conduct his operations and perform the work in such a manner as to insure the least obstruction and interference to traffic and to the public. The Contractor shall take adequate precautions to insure the safety of the general public, including those who require access to abutting property. b. Traffic Provisions. In all cases where construction work interferes with the normal use of the construction area, provisions shall be • made to close the construction area to traffic or to afford restricted use of the area. Proper detour signs acceptable to the Village • Engineer shall be furnished by the Contractor at locations desig- nated by the Village Engineer. -2- c. Accident Prevention. Precautions shall be exercised at all times for the protection of persons and property. The safety provisions of applicable laws and building and construction codes shall be observed; machinery, equipment and all hazards shall be guarded • or eliminated in accordance with the safety provisions of the Manual of Accident Prevention in Construction, published by the Association of General Contractors of America, to the extent that such provisions are not in conflict of applicable law. Excavations and work operations shall be properly protected and identified by barricades, flags, and if required, by flagmen in the daytime; and by flares, blinkers or red lanterns at night. Excavations shall be cribbed when necessary in order to prevent cave-ins endangering life or property or tending to enlarge the excavation. The end of boomed or swinging equipment shall not operate closer than 5 feet of an electric power or communication cable, guy or stay. • Underground construction shall not harm root growth of cultured, sightly or ornamental trees and shrubbery. d. Roadways. Installation of pipe and utility conductors under Port- land Cement Concrete, Asphalt Concrete, or other high -type bituminous pavements shall be done by jacking, augering or tunneling as directed by the Village Engineer unless otherwise authorized by the Village Council. When this type of installation is made, a Village approved casing of larger dimension shall be used to sleeve or encase the service pipe or conductor. When excavating in an improved road, each class of excavated material shall be piled separately. When removing pavement of Portland Cement Concrete, Asphalt Concrete or high -type built-up bituminous surfacing, the pavement shall be removed a distance of 9 inches beyond the trench width and length, in order to provide a shoulder and solid foundation for sur- face restoration. • Excavations and jacking pits shall be bermed when unattended to prevent entrance of surface drainage. • All back -filling shall be placed in 6 inch layers at optimum moisture and compacted to achieve 100 percent of AASHO density. Compaction shall be accomplished with hand, pneumatic or vibrating compactors as appropriate. -3- 0 • • 0 • Backfill material shall be Class 5 as per Minnesota Highway Department Specifications, or better if required by the Village. Compacted backfill shall be brought to street grade and • crowned not more than one inch at the center. If settlement occurs or excavation fails within 2 years from completion date requiring replacement of the roadway surface, the excavation backfill material and the surfacing shall be re- placed by the Village at the expense of the permittee. Village approval shall be required for any construction anchors or braces within the boulevard or on the shoulders. Vehicular driving onto the boulevard or shoulders from the roadway shall be regulated as required by circumstances. Method of construction and type of machine excavation shall receive prior Village approval. Excavations wider than 4 feet shall not be permitted without special Village authorization. Street traffic shall be maintained unless provided otherwise by the permit provisions. No lugs damaging to roadway surfaces shall be used on equipment. Dirt or debris tracked or spilled onto the street surfacing shall be periodically removed during construction to prevent accumulation. Street surface and roadside shall be cleaned after completion of construction and shall be left in a neat and presentable condition. After all construction and clean-up has been completed, the per- mittee shall notify the Village Clerk within 24 hours to this effect and shall request inspection and preliminary acceptance of the work. Proper "As built" plans shall be submitted prior to acceptance. • Section 11. Penalty. Any person, firm or corporation violating any pro- vision of this Ordinance shall, upon conviction thereof, be guilty of a mis- demeanor and shall be punished by a fine of not more than $100.00, or imprisonment for not more than 90 days. '�C 1J • • 0 Section 12. This Ordinance shall be in effect from and after its passage and publication according to law. Passed by the Council this 29th day of April , 1968. ATTEST: Clerk Administrator Published in Minnetonka Sun May 1968. Mayor on the 2nd day of Village of Chanhassen, c. Accident Prevention. Precau- Hennepin and Carver Counties, tions shall be exercised at all Minnesota times for the protection of per- ORDIIQA'NCE NO. 27 sons and property. The safety An Ordinance Regulating the In- provisions of applicable laws and stallation of Utilities and Un- building and construction codes derground Construction. shall be observed; machinery, The Village Council of Chan- equipment and all hazards shall hassen ordains: be guarded or eliminated in ac - Section 1. Permit Required for cordance with the safety provi- Excavating. Except as hereinafter sions of the Manual of Accident provided; no person, firm for tun- Prevention the Association of Gen- nstruction, pub- poration shall excavate, dig, I nel or ditch in or under any eral Contractors of America, to I street, alley, public ground or pub- the extent that such provisions, lic easement for the purpose of are not in conflict of app licablell installing any sewer, water, gas, law. steam, electric or telephone con- duits, conductors, mains, or pipes, tions Excavations and work opera - shall be properly protected or for any other purpose, with- and identified by barricades, out first obtaining a permit from flags, and if required, by flagmen the Village Council and paying ;n the daytime; and by flares, the fee and giving bond as herein blinkers or red lanterns at night. required. Excavations shall be cribbed a. The permit established by when necessary in order to pre - this ordinance shall not be re- vent cave-ins endangering life or quired of a bonded plumber who property or tending to enlarge has secured a permit for the in- the excavation. st.allation of water or sanitary The end of boomed or swing - sewer services or an individual ing equipment shall not operate sewage disposal system under the closer than 5 feet of an electric provisions of Ordinances No. 5, 6 power or communication cable, or 10 of the Village; provided, guy or stay. however, that the construction Underground construction shall and safety regulations of Section not harm root growth of cultured, 10 of this ordinance shall apply sightly or ornamental trees and to and regulate all such installa- shrubbery. tions. d. Roadways. Installation of Section 2. Form of Application: I pipe and utility conductors under Regulations. Each application for PortlandCement Concrete, As - permit shall be made in writing phalt Concrete, or other high -type on an official Village form which bituminous pavements shall be shall set forth the regulations con- done by jacking, augering or tun - tained in Section 10 of this Ordi- neling as directed by the Village nance. The applicant shall submit Engineer unless otherwise author - a drawing with his permit foim, ized by the Village Council. When showing location of proposed un- this type of installation is made, derground construction and type a Village approved casing of, of construction. If requested, the larger dimension shall be used to applicant shall appear before the sleeve or encase the service pipe Village Council to explain the or conductor. proposed construction. When excavating in an. im- Section 3. Permits to be Kept proved road, each class of exca- vated material shall be piled sep- on Work Site. Each permit for an arately. excavation shall be issued in writ- ing by the Village Clerk and shall When removing pavement of be kept on the site of the work Portland Cement Concrete, As - while it is in progress, in the cus- phalt Concrete or high -type built- tody of the individual in charge up bituminous surfacing, the of the work. The permit shall be pavement shall be removed a exhibited to any Village official distance of 9 inches beyond the upon request. trench width and length, in order Section 4. Fees for Permits. Be- to provide a shoulder and solid foundation for surface restoration. fore a permit shall be issued, the Excavations and jacking pits applicant shall pay a fee of $10.00 to the Village Clerk for each lo; shall be bermed when unattended cation covered by the permit. to prevent entrance of surface Each 300 feet of excavation or drainage. portion thereof shall be deemed All back -filling shall be placed a separate location for which ain 6 inch layers of optimum mois- separate permit shall be required. Lure and compacted to achieve 100 percentof AASHO density. Section S. Diligence in Perform- Compaction shall be accom- ing Work. Work shall progress inplished with hand, pneumatic or an expeditious manner until com- vibrating compactors as appro- pletion in order to avoid unneces- I priate. Bary inconvenience to the public. Backfill material shall be Class In the event the work shall not 5 as per Minnesota Highway De he performed in accordance with partment Specifications, or better applicable regulations pertaining I if required by the Village. to excavations and utility connec- Compacted• backfill shall be tions, or the work shall cease or brought to street grade and be abandoned without due cause, crowned not more than one inch the Village may take such action at the center. as may be appropriate under the If settlement occurs or excava- circumstances in the interest of tion fails within 2 years from the public, and after 24 hours' no- completion date requiring replace- tice to the permittee of intent to ment of the roadway surface, the doso, may correct said work and excavation backfill material and fill the excavation or repair the the surfacing shall be replaced by street. The entire cost of the Vil- the Village at the expense of the lage of such work shall be paid permittee. by the permittee, or assessed as a p Village approval shall be re - special assessment against the quire4 for any construction an - benefited property as provided by chors or braces within the boule- 1 law. vard or on the shoulders. Vehicular driving onto the Section 6. Bond Required. Un- ', boulevard or shoulders from the less the applicant has in force the roadway shall be regulated as re- bond required of licensed plumb- ers, or unless otherwise waived quired by circumstances. by the Council, a surety bond in Method of construction and type the amount of $2,000:00 shall be of machine excavation shall re - required from each permit appli- ceive prior Village approval. cant, such bond to be conditioned Excavations wider than 4 feet that the principal shall perform shall not be permitted without the work in accordance with this special Village authorization. Ordinance and all applicable reg- Street traffic shall be maintain- ed unless provided otherwise by ulations. Section 7. Obstruction of Work. the permit provisions. o No person, firm or corporation No lugs damaging to roadway shall hinder or obstruct any con- surfaces shall be used on equip- struction being performed under ment. a permit issued as herein pro- Dirt or debris tracked or spilled vided. onto the street surfacing shall be Section 8. Provisions Supple- periodically removed during con - mental. The provisions of this Or- struction to prevent accumula- dinance are supplemental to pro- tion, visions of other Ordinances re- Street surface and roadside quiring,utility connection permits. shall be cleaned after completion Section 9. Compliance with Reg- of construction and shall be left ulations. All excavation and un- in a neat and presentable condi- derground construction within the tion. Village shall be performed in After all construction and clean - compliance with the Construction up has been completed, the per - and Safety. Regulations of Section mittee shall notify the Village 10 hereof. Clerk within 24 hours to this ef- section lo. Construction and Safety Regulations. a. Public Convenience and Safety. The constractor shall at all times conduct his operatbns and perform the work in such a manner as to insure the least ob- struction and interference to traf- fic and to the public. The Contractor shall take ade- quate precautions to insure the safety of the general public, in- cluding those who require access to abutting property. b. Traffic Provisions. In all cas- es where construction work inter- feres with the normal use of the construction area, provisions shall be made to close the construction area to traffic or to afford re- stricted use of the area. Proper detour signs acceptable to the Vil- lage Engineer shall be furnished by the Contractor at locations des- ignated by the Village Engineer. fect and shall request inspection and preliminary acceptance of the work. Proper "As built" plans shall be submitted prior to accep- tance. Section 11. Penalty. Any person, firm or corporation violating any provision of this Ordinance shall, upon conviction thereof, be guilty of a misdemeanor and shall be punished by a fine of not more than $100.00; or imprisonment for not more than 90 days. Section 12. This Ordinance shall be in effect from and after its passage and publication according to law. Passed by the Council this 29th day of April, 1968. Eugene Coulter Mayor ATTEST: Adolph Tessness Clerk -Administrator (E 5-2,'68)